EIGHTEENTH CONGRESS OF THE ) REPUBLIC OF THE PHILIPPINES ) First Regular Session )

SENATE S.B. No. 1359

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20 TEBIS A9 ’l5

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Introduced by Senator Richard J. Gordon

AN ACTFURTHER EXPANDING THE JURISDICTION OF THE METROPOLITAN TRIAL

COURTS, MUNICIPAL TRIAL COURTS IN CITIES, MUNICIPAL TRIAL COURTS, AND MUNICIPAL CIRCUIT TRIAL COURTS, AMENDING FOR THE

PURPOSE BATAS PAMBANSA BLG. 129, OTHERWHISE KNOWN AS THE "JUDICIARY REORGANIZATION ACT OF 1980," AS AMENDED

The Court Management Office of the Office of the Court Administrator reported that at the end of 2017, there were 19,832 civil cases pending with the first level courts. In 2018, there was an inflow o f 47,442 cases and an outflow of 45,457 civil cases. By the end of 2018, there were 21,169 pending civil cases.

With regard to the second level courts, at the end of 2017 there were 117,785 pending civil cases. In 2018, there was an inflow of 68,457 civil cases and an outflow of 65,363 civil cases. By the end of 2018, there were 108,484 pending civil cases.

Based on the data, this shows that the first level courts have a lower number of pending cases at the end o f the year compared to that of the second level courts.

Given this, to help de-clog the dockets of the second level courts and to increase the number of cases that can be covered by the simpler procedures (Revised Rules Small Claims and Revised Rules on Summary Procedure) covered by the first level courts, this Bill seeks to increase the jurisdictional threshold o f the first level courts. Thus the passage of this Bill is earnestly sought.

GORDONSenator

EIGHTEENTH CONGRESS OF THE ) REPUBLIC OF THE PHILIPPINES ) First Regular Session )

SENATE S.B. No. 1359

o f t b f ^ r c r f t n r } *S ena te

20 FEB 18 A9 :l5

RECcl

Introduced by Senator Richard J. Gordon

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AN ACTFURTHER EXPANDING THE JURISDICTION OF THE METROPOLITAN TRIAL

COURTS, MUNICIPAL TRIAL COURTS IN CITIES, MUNICIPAL TRIAL COURTS, AND MUNICIPAL CIRCUIT TRIAL COURTS, AMENDING FOR THE

PURPOSE BATAS PAMBANSA BLG. 129, OTHERWHISE KNOWN AS THE "JUDICIARY REORGANIZATION ACT OF 1980," AS AMENDED

Be i t enacted by the Senate and House o f Representatives o f the Phiiippines in Congress assembie

SECTION 1. Section 19 of Betas Pambansa Big. 129, otherwise known as the "Judiciary Reorganization Act of 1980," As Amended, is hereby amended to read as follows:

"Section 19. Jurisdiction o f the Regional Trial Courts in Civil Cases. - Regional Trial Courts shall exercise exclusive original jurisdiction:

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(2) In all civil actions which involve the title to, or possession of, real property, or any interest therein, where the assessed value exceeds Four Hundred Thousand Pesos (P400,000.00), except for forcible entry into and unlawful detainer o f lands or buildings, original jurisdiction over which is conferred upon the Metropolitan Trial Courts, and Municipal Trial Courts in Cities, Municipal Trial Courts, and Municipal Circuit Trial Courts;

(3) In all actions in admiralty and maritime jurisdiction where the demand or claims exceed Two Million Pesos (P2,000,000.00);

(4) in all matters o f probate, both testate and intestate, where the gross value of the estate exceeds Two Million Pesos (P2,000,000.00);

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(8) In all other cases in which the demand, exclusive of interest, damages of whatever kind, attorney's fees, litigation expenses and costs or the value of the property in controversy exceeds Two Million Pesos (P2,000,000.00)."

5 SEC. 2. Section 33 of the same law is hereby amended to read as follows:

6 "Section 33. Jurisdiction o f the Metropoiitan Triai Courts, Municipai Triai Courts in7 Cities, Municipai Triai Courts, and Municipal Circuit Triai Courts in Civil Cases. -8 Metropolitan Trial Courts, Municipal Trial Courts in Cities, Municipal Trial Courts, and9 Municipal Circuit Trial Courts shall exercise:

10 (1) Exclusive original jurisdiction over civil actions and probate proceedings,11 testate and intestate, including the grant of provisional remedies in proper12 cases, where the value of the personal property, estate, or amount o f the13 demand does not exceed Two Million Pesos (P2,000,000.00), exclusive of14 interest, damages of whatever kind, attorney's fees, litigation expenses, and15 costs, the amount of which must be specifically alleged: Provided, That16 interest damages of whatever kind, attorney's fees, litigation expenses, and17 costs shall be included in the determination of the filing fees: Provided,18 further. That where there are several claims or causes of actions between19 the same or different parties, embodied in the same complaint, the amount20 of the demand shall be the totality of the claims in all the causes of action,21 irrespective o f whether the causes of action arose out of the same or22 different transactions;2324 XXX

2526 (3) Exclusive original jurisdiction in all civil actions involve title to, or possession27 of, real property, or any interest therein where the assessed value of the28 property does not exceed Four Hundred Thousand Pesos (P400,000.00)29 exclusive on interest, damage of whatever kind, attorney's fees, litigation30 expenses and costs: Provided, That in cases of land not declared for taxation31 purposes, the value of such property shall be determined by the assessed32 value of the adjacent lots.33 (4) Exclusive original jurisdiction in admiralty and maritime actions where the34 demand or claim does not exceed Two Million Pesos (P2,000,000.00).

35 SEC 3. Five (5) years from the effectivity of this Act and every five (5) years thereafter,36 the jurisdictional amounts mentioned in Sec. 19 (2), (3), (4) and (8), and Sec. 33 (1),37 (3) and (4) of Batas Pambansa Big. 129, as amended by this Act, shall be increased38 by One Hundred Thousand Pesos (P100,000.00).

1 SEC 4. The provisions of this Act shall apply to all civil cases that have not yet reached2 the pre-trial stage. However, by agreement of all the parties, civil cases cognizable by3 the Metropolitan Trial Courts, Municipal Trial Courts in Cities, Municipal Trial Courts,4 and Municipal Circuit Trial Courts by the provisions of this Act may be transferred from5 the Regional Trial Courts to the latter. The Supreme Court shall define the6 administrative procedure for the transfer of cases affected by the redefinition o f7 jurisdiction to the Metropolitan Trial Courts, Municipal Trial Courts in Cities, Municipal8 Trial Courts, and Municipal Circuit Trial Courts.

9 SEC 5. Separability Clause. - I f any provision of this Act is declared unconstitutional,10 the same shall not affect the validity and effectivity o f the other provisions thereof

11 SEC 6. Repealing Clause. - All laws, decrees, and orders inconsistent with the12 provisions of this Act shall be considered amended or modified accordingly.

13 SEC. 7. Effectivity Clause. -T h is Act shall take effect fifteen (15) days following its14 publication in the Official Gazette or in two (2) national newspapers o f general15 circulation.

16 Approved,